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(영문) 광주지방법원 2019.08.22 2019고단2221
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On 19:17 on 201.21.21. 2019, the Defendant driven Drocketing car at approximately 200 meters from the front side of Gwangju Northern-gu to the entrance road of C apartment, while under the influence of alcohol 0.217% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act include: (a) the Defendant was punished by a fine for a drunk driving twice since 2002; (b) it is difficult to see that the distance between the last force of drunk driving and the instant crime is also difficult; (c) the blood alcohol level high; and (d) the personal injury did not occur frequently; and (c) the instant crime was controlled by traffic accident, etc., the Defendant shall be selected and punished by imprisonment at once.

In addition, the punishment as ordered shall be determined in consideration of the circumstances of drinking driving, the distance and place of drinking driving, the age and character, character and conduct, environment, circumstances after the crime, etc.

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